Thanks to Accommodation Times for circulating the following article where a slight correction is made by me:
Adopt New Model Bye-Law before 30th April
Posted: 08 Mar 2013 11:29 PM PST
By Accommodation Times News Services
MCS Act 1960 amended as per 97th Amendment Ordinance – 2013 has come into force w.e.f. 15.02.2013. It has become necessity for all the co-operative housing societies to call for a Special General Body Meeting before 30.04.2013 to adopt the MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013. The agenda should be as following:
1) To discuss about the MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013 and adopt the same (copy of the Model Bye Laws is attached)
2) To appoint auditor
3) To appoint auditor from the penal approved by the co-operative department
4) One auditor can not continue for more than 3 years and can NOT take up auditing of more than 20 co-operative societies
5) To submit the copies of adopted Model Bye Laws to the concerned registrar’s office for approval.
All the societies whose term is over before this (15.02.0213) or is going to be completed within next six months must follow the above procedure immediately.
It is binding for all the societies to hold AGM before 30th September. There is no provision for extension.
The related Circular No. 503 dated 28.02.2013 issued by Deputy Registrar of K – West Ward
J.B.Patel (Jeby)
Housing Societies’ Activist!
Mobile:9820538570
Latest CHS Model Bye-laws – 2013
Comparison of Old 2009 and New 2013 Model Bye-Laws
Consumer Resources 
One auditor can not continue for more than 3 years and can NOT take up auditing of more than 20 co-operative societies – As per information given by co-operative department an auditor can do audit for consecutive 2 years and not 3 years. please clarify.
Which section of the Ordinance says that bye laws must be adopted before 30/04/2013?
The Ordinance does not mention this. There is a separate Circular from the Dy.Registrar’s office which mentions this. I have uploaded the Circulars also now, to make it complete.
Dy. Registrar has no authority to issue such a circular. It can be done under some rule/law. The Ordinance, which is yet to be passed into an Act, does not say so. I do not understand how a hype has been created in press and internet that it has to be adopted by 30/4/2013. He does not have the whimsical power to force societies to adopt the circular. If he had the power, he would have forced all the societies to adopt the bye laws which were promulgated in 2009 and which have not been adopted by more than 95 per cent of the societies. I have seen the similar circular issued by Mr. Nitin Kale, DDR of Thane apart from DDR of K Ward. They are usurping authorities which are vested in them. They seem to be getting too active without any authority.
Where can I find Model Bye – laws 2013 Marathi version?
Michael
I have received a reply from Asstt. Registrar, Thane, that appendices of bye laws are under preparation. That being so, what the society will adopt? ONLY BARE BYE LAWS without appendices and then apply again for adoption of bye laws. What is written in the appendices who knows and how the interest of the members will be served / affected. It is all hogwash. They have no authority under law to ask societies to adopt bye laws by 30/04/2013. When half educated persons are hold offices, this is what happens. Can you beat it?
Adopt bye laws without appendices? IT IS A BIG JOKE.
Yes. Why so many AGMs in a hurry? Let all adopt in the next AGM.
I wrote to DDR, Thane , about his circular. He is silent.
Hi, Could you help me if you know someone who can do the work of Deemed conveyance for our society in Thane?
Michael contact 9969604866
Anil, I agree with you that the DDR has no authority to issue circulars about deadlines for Societies to adopt the 2013 Bye laws. DDR Thane has set 15th April 2013 as the last date for holding SGM and asked to follow by all Societies in Thane Dist. which is ridiculous. They have not even sent the circulars to Societies. Only those who go to DDR in Thane/Kalyan are handed over the circular with the MC & AGM dates and Agenda. When I questioned DDR Kalyan over phone about the legality of such a circular in the absence of any GR from the Mah. Govt., he asked me to meet personally. Some rules in 2013 Bye laws are good but some others are unnecessary and time consuming for Hsg. Societies especially when already 99% members don’t become MC members as they don’t want to waste their weekends and compromise on their personal lives. Also, caste discrimination has been introduced with Reservation here too. Hsg. Societies currently have no information about the caste of their members in their records as the same is not incorporated in the application forms. Now, will the Govt. modify the application forms for CHS and will the CHS have to get the updated caste info. from the members alongwith proof of caste. Who will verify the proof as, like in other cases, members may submit fake certificates here too ? These rules are Ok for normal non-Housing Co-Op. Societies as they more or less function like companies earning profits and large amounts of money are involved. CHS has only members’ maintenance as source of money and is non-earning as it doesn’t have any other source of income. Also, the appoinment of Directors for CHS is above logic as again CHS is not a company. Already min. no. of members has been incresed to 11. When CHS doesn’t get 5 members for MC, how will 11 memebers come forward. Also, ‘Active’ members doesn’t have any meaning as you only have to pay 1 yr’s maintenance and attend 1 AGM in past 5 yrs to remain an ‘Active’ member. Overall the new Bye Laws will make the CHS functioning more complicated and give more scope for earning for professional CHS management agencies / consultants as CHS would now outsource everything and office bearers will onyl sign.
It is knee jerk reaction. Asstt. Reg. Thane mailed me to say that appendices to bye laws are still under preparation. We are governed either by illiterate or semi-literate people. I asked DDR, Kalyan, to inform me under what authority he has issued the circular. No reply. I posed this question to Jt. Reg. at Malhotra House. No answer. I don’t blame them. They have no answer but in their enthusiasm they do what they ought not to do.
Read this:
The Committee of the society may co-opt Two “expert
directors” relating to the objects and activities under
taken by the society. The number of such co-opted
members shall not exceed two in addition to the
strength of the committee as provided in bye-laws No.
115., such co-opted members shall not have the right to
vote in any election of the society in their capacity as
such member or to be eligible to be elected as office
bearers of the committee.
(c) The Committee of the society may co-opt Two
“functional directors”, such members shall be excluded
for the purposes of counting the total numbers of the
committee and shall have no right to vote.
Does it mean that the co-opted members would be figurehead ONLY.
Do following sections of the act give authority to the registrar to compel society to modify the bylaws?
14. Power to direct amendment of bye-Laws. –
(1) lf it appears to the Registrar that an amendment of bye-laws of a
Society is necessary or desirable in interest of such society, or any
bye-laws of the society are inconsistent with the provisions of this
Act or Rules and that amendment is necessary in such bye-laws, he
may call upon the society, in the manner prescribed to make the
amendment within such time as he may specify.
(2) If the society fails to make the amendment within the time
specified, the Registrar may, after giving the society an opportunity
of being heard and after consulting such State federal society as may
be notified by the State Government, register such amendment, and
issue to the society a copy of such amendment certified by him.
With effect from the date of the registration of the amendment in
the manner aforesaid, the bye-laws shall be deemed to have been
duly amended accordingly; and the bye-laws as amended shall,
subject to appeal (if any), be binding on the society and its
members.
1) can any member can elected as chairman or secretary to a hsg.society if he is not owner of any flat only he fill-up the annuxure-7, form made court affidiviate with the sign of his wife
2) the decission of the committee to place the mobile tower on the top of our society and it is
and this is rejected by the whole other members. can the society can do only their desire
Are you referring to Appendix 7 of old bye laws? A person can be made an Associate Member by application of the original members and paying necessary fee. If the original member gives NOC, the Associate Member can contest election and also become an office bearer. Where is the question of owning flat and giving an affidavit. There are many who do not know the law but are ruining the society.
I need your guidance on following:-
In 1984 my mother purchased the flat by her own name and become member of the society.She was also in member of committee for some time.
However,in 1992 with written request to secretary/chairman she asked for my father as an associate member.The MC and AGM passed the resolution and made by dad as an associate member.Also my mother gave written consent that my father be no. 1 at share certificate and she at no. 2 accordingly share certificate changed and she requested so that my father can take part in election and become office bearer. From that period to now my father is MC and duly elected time to time also remain secretary for some time.
Now in 2014 some members have taken objection that my father can not be in committee as original flat purchase agreement is in the name of my mother only (though after written request of mother my dads name put in share certificate for no. 1) Therefore he is not eligible for MC and lodged complaint at Dy registrar.
Please guide.
Dear Amol,
There is a good news for you. The answer to ur query is in TIMES OF INDIA Dtd 2nd Feb 2015 (page 2), wherein lies ur answer.
It says clearly that ” SCEA has clarified that a hsg scty’s associate members can b part of the managing committee.””
Even Mr.Ramesh Prabhu has said in the abv article… “”That a person whose name appears second in the share certificate is deemed CO-OWNER of the flat and thus can contest n b part of the managing panel.””
Show the copy of the article to ur scty officer bearers.
Again I will say not an expert but have knowledge abt coop scty matters.
Good luck.
Mrs.Shetty
Can assosiate member becomes the secretary of a society as per amendment passed on 14/02/2013?
First named owner has to give a NOC. The Associate Member then acquires all rights of a bonafide member – contest election and become an officer bearer.
I am not an expert on CHS matters but when I read the above Associate member issue, I felt that I should give my opinion. It I am wrong in my assumption, please correct me.
——-
The BLN 25 should uphold true only bcoz it says “No Associate members shall hv any rights and privileges of a member except provided under sec 27(2) of the MCS act.” If we take up the argument then it is clear that 27 (2) is only for resignation of an associate member thru the original member ( this is because of their internal and personal problem of which the resignation is the fallout) and so committee needs to satisfy that all the pending issues are cleared with the associate or original member.
Alongwith this, the voting by associate member happens only in the absence of the original member..( vote on behalf of the original member whose name/s appear in the agreement)… that also means that the original member is not able to attend meetings as he is unavailable/ if gone abroad for job…. then associate member has the right to protect the original member’s right. The assoiate member right is limited to that much only.
That he can vote in absence of the original member… hence here original member should show his unavailability due to being out of town.
And hence one can agrue that that associate member cannot become the member of the committee or management. Original member has given the right to associate upto protecting his interest and voicing his interest/concern. Hence I feel the associate member cannot take any important position like chairman,secretary or treasurer… unless there is no one to take up the job by the consent of all member. Otherwise I feel it is wrong and against the spirit of coop laws.
The person’s whose name is not in the agreement by merely paying Rs.100/- (App.7) becomes an associate member and fights for the election. Atleast he should be joint owner of the flat in question. Other legal members should own up the responsibility and run the society and in the process they will adhere to all the rules and regulations.
——————
Your comments please.
Rajani
1) the decission of the committee to place the mobile tower on the top of our society and it is
and this is rejected by the whole other members. can the society can do only their desire
Please take it up in the AGM and if majority are with you, you can have it removed.
Every body is touting 97th Amendment? Where is it written in the Ordinance that they have promulgated bye laws which have to be adopted by 30th April. See the new bye laws. They are without Annexures and Appendices.
The Asstt. Registrar of Thane has informed me that appendices are under preparation. Then what the hell the society is going to adopt? BYE LAWS WITHOUT APPENDICES.ALL OF THEM ARE PLAYING JOKES WITHOUT UNDERSTANDING LAW. UNDER WHICH SECTION OF THE ORDINANCE IT IS WRITTEN THAT THERE WOULD BE BYE LAWS WHICH HAVE TO BE ADOPTED BY 30TH APRIL. UNDER WHOSE AUTHORITY THESE OFFICERS ARE WRITING TO CHS TO ADOPT THESE BYE LAWS BY 30TH?
I, have co-op soci member , i have my own shop in that soci. i want water connection from as per bye lawsno 69 socity water line. socity refuse for same
what can i do guide me
sanjay k shah
thane
New bye laws as per ordinance cannot be adopted before 30/4/2013. It is disinformation.; Bye laws do not contain appendices and annexures. Some DDRs have issued circulars that they should be adopted by 30th April. They have no authority to issue such circular. They are misusing the powers which they do not have.
DDR Office, Thane has given the deadline of 15th April 2013 for calling Spl AGM to adoption of amended bye-laws whilst elsewhere it is 30th April, 2013. Our Society is based in Thane and this information was only available to us word by mouth about 3-4 days ago. Which date should be followed, 15th April or 30th April. Also not much time left in case it is to be done on 15th April. Pls advise.
DDR Thane has no authority to issue the circular. He is exceeding his power. Even Appendices to bye laws have not been framed. What is he talking about? He does not know the law. He wants to show one man upmanship that he knows everying under the sun. Do you mean to say that societies will adopt new bye laws without appendices?
I wrote to him to show the authority under which he has issued the circular. He is keeping quiet.
were i can find marathi version of new model bye laws
Our society is new formed in illegal way i complaint to the sub register but only two notice have been given by register of hou. Society . But till today no action have been taken.
https://consumerresources.in/2013/04/19/co-op-bill-will-have-to-wait/
what is the last date of adoption of new bye-laws
Accommodlation Times knows nothing. There is no deadline. No appendices and annexures have been finalised. The ordinance has not been made into an ACT. The Deputy Registrars are talking nonsense if they say that 30th April is the last day. I asked him to tell me under what law it is so. He is keeping quiet. They are scared to come out in the open. Half educated govt servants have ruined the country.
Suppose we do not adopt the bye law by 30th April 2013 what will happen?
Under the bye law, any housing society with more than 15 members should have 11 committee members and a grievance committee in which the committee members should not be there.
If no woman member wants to be in the committee then what is the solution
If there is only one SC/ST/BC member in the Society then how can three members under this category can be elected.
Are the General Body Meeting permitted to make changes in the model bye-laws since most of them may not be applicable to all the Society or may not be acceptable to them. Bye-law is for running of the Society and it cannot be and should not be forced on any Society.
Further, when the committee members are honorary and discharge their duties as a service to the housing society, they cannot be expected to undergo all the ordeals mentioned in the Act and the bye-laws. In case of any dispute, the members of the Society will solve their problems.
Let the Govt. first set its house in order.
IT APPEARS THAT THE COMMISSIONER OF CO-OPERATION, PUNE HAS FRAMED THE BYE-LAWS WITHOUT APPLYING MIND ON THE ABOVE POINTS.
Any case, the Bill pursuant to the 97th Amendment has been referred to the Select Committee, before being made into an Act. We hope that wiser sense will prevail. The current thinking is that since the law has not been enacted, there is no hurry, and the Dy.Registrar is not within his rights to issue Circulars to force Societies to adopt the new Bye Laws.
It seems to me that the Amendment Ordinance has by now lapsed, since six weeks have passed from the commencement of the session in which it was placed before the Legislative Assemly.. In that case, the ordinance ceases to exist, and the bye-laws issued under the ordinance now have no legal validity. So we’re back where we were before the Ordinance was issued.
The Ordinance is pending before the Assembly. I understand that it has been passed by the Counil
Normally an ordinance is valid for 6 months from the date of promulgation. If that is so how this ordinance promulgated on 14.02.2013 can lapse on 21st April 2013? Can any one through some light on this.
Please check this news item – http://www.business-standard.com/article/economy-policy/maha-coop-act-referred-to-joint-select-committee-113041700439_1.html
Six month period is when legislature is not in session. Otherwise it is 6 weeks if they assemble and placed before them.
Read this Artilcle
123. Power of President to promulgate Ordinances during recess of Parliament.—(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—
(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President.
Explanation.—Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.
Article 213 of the Constitution, which empowers the Governor of a state to promulgate an ordinance, provides that it must be laid before the Legislative Assembly, and if the state has a legislative council too, before both. The ordinance will ‘cease to operate’ within six weeks of the reassembly of the legislature, unless the legislature by resolution disapproves of the ordinance earlier. If the legislative council and assembly meet on different dates, the later date is taken into account for calculating the six weeks.
In the present case, the legislative council met before the legislative assembly. The latter reportedly met on 11th March this year. (I can’t get confirmation on any government website) Six weeks from that date brings us to 22nd April.Since the council has not approved of the ordinance – nor, it appears,the assembly – it will lapse on the 23rd April. Once the ordinance lapses, anything done under its authority, such as model bye-/aws, will also cease to have legal authority.
A possibility that’s been considered is that the Governor may reissue the ordinance; technically, he will promulgate a fresh ordinance. But that’ll have its own problems. This post is long enough as it is!
@Anil: It is not the ordinance that is before the assembly, but the bill amending the 1960 Act, which, if passed by the legislature, would have replaced the ordinance. The legislative council passed the bill, but the assembly has, according to reports, decided to refer it to committee. Which means it’ll take quite some time to be passed or defeated, as the case may be.
Anil,
Art. 123 is for Presidential ordinances, and Art.213 is for ordinances by the Governor. .In either case, however, the six week period is prescribed. I don’t know what you mean by ‘six monh period when the legilslature is not in session.’ An ordinance can’t be promulgated when Parliament or the state assembly is in session. When it reassemles after the ordinance is promulgated, the ordinance has to be placed before it for approval.If parliament or the assembly don’t approve of it within the six month period (calculated as provided in the respective articles), it lapses. Where in the Constitution do you find the six month provision?
So today is technically the D day for the revalidation of the ordinance. Hypothetically, presuming that the Govt. sleeps over, what will happen to the special general body meetings of so many co-operative banks held recently and some on way before 30th April 2013, particularly adoption of the model bye-laws (which has no legal sanctity), appointment of auditors, holding of election of the board of the Bank for which elections are due from April onwards. What a lethargic and lackadaisical manner of functioning of the Govt. Babus, the legal lumanaries of the State Govt. and the Ministers concerened
Accommodation Times is not law.
See this Babu’s foolishness.
Give me you email. I shall send you DDR’s foolish circular asking all CHS adopt bye laws by 30/4/13.
Guj HC: Certain provisions of 97th amendment unconstitutional
Claims that India has no legislative competence to enact law for co-operative society which is exclusively a state subject under the constitution
Gujarat High Court on Monday declared certain provisions of the 97th amendment to the Constitution of India, dealing with cooperative societies, as unconstitutional and ordered them to be quashed.
The judgement was passed by Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala acting on a public interest litigation (PIL) filed by Rajendra Shah of Consumer Protection Analytic Committee (CPAC ), claiming that Union of India has no legislative competence to enact Law for co-operative society which is exclusively a state subject under the Constitution of India. Counsel for the petitioner Masoom Shah and Vishwas Shah said that exact provisions declared unconstitutional would be known only after receipt of copy of the order. They however, said that court has held that 97th amendment was an infringement on the basic structure of fedralism where only state can make law for cooperative societies.
The 97th amendment with regard to promotion of cooperatives by the state government was passed by the Lok Sabha and Rajya Sabha in December 2011, had received Presidential assent in January this year, published in Gazette of India on the next day and the came into affect from February 15.
During the course of argument, the petitioners had argued that the 97th Constitutional amendment is not required as it legislates and encroaches on the occupied field of the State legislation thus it’s a patent case of transgression Constitutional power. The Constitution amendment Act, cannot be used as a device to indirectly legislate on the State Entry, when directly it is prohibited, they argued.
The PIL further alleged that the 97th Amendment violates the procedure as laid down in articled 368 (2) for an amendment of the Constitution.
“As per Proviso of the Article 368, if Parliament intents to amend or delete, any of the Lists in the Seventh Schedule, such Amendment shall require to be ratified by the Legislature of not less than one half of the States by resolution to the effect passed by those Legislatures before the Bill making provision for such Amendment is presented to the President for Assent,” it said. “Therefore, for amending or deleting any Lists of Seven Schedule ratification of State Legislative is unavoidable… and is basic requirement,” the petitioner had claimed.
Courtesy : Bharat Gandhi
The Bill to amend the Maharashtra Co-operative Societies Act was introduced in the recently concluded budget session of the state legislature. “The Bill has been forwarded to the joint select committee of the state legislature,” Patil said. “As the Bill couldn’t be cleared, the government has forwarded a fresh proposal to the governor to reissue the ordinance. The governor is likely to clear it in day or two.”
Gujarat HC judgement is a resounding slap on the face of UPA II.
what’s new deadline given by ddr to hold sgm to adopt new byelaws? can e
we hold sgm after 3oth april
After Gujarat HC judgement, it is all over. Let them cry over it now.
but how Gujrat H.C. judgement affect M.H. specially when our sicieties are governed by Maharashtra Co-operative Act of 1960.
the last date for submission is 31 of may so societies may proceed further
Can the Society have any other agenda other than adopting the new bye laws and appoint auditors during the SGM for the same
You may add other items on the Agenda – there is no bar on that
What is today’s legal status of the ordinance issued on 14.02.2013. If it has been lapsed on 21st or 22nd April, then does it mean that the Center’s Act prevails for state of Maharashtra. What will happen to those banks which are proceeding ahead with holding of Special General Meeting and adopting new bye-laws which has no legal sanctity as on date
Total confusion at my end !
the ordinance has been resigned by the governor and it is very much in force. co-operative laws falls under state gov. list under constitution so v can go ahead with the adoption if 30.04.2013 is lapsed then also we can conduct SGM as last date for submission is 31 may
Hope to get positive response from you. Do look into this matter.
All the complaints and documents can be seen by clicking on below link.
Prasad Deorokhkar Prop. Shri Vaastu Promoters & Developers Fraud Cheating by Managing Committee of Shree Kripa Building/ Kulswamini CHSL/ vileparle east –
http://www.consumeracts.in/?p=4236
97th Amendment says every State will frame laws in accordance with the amendment. Ordinance in Maharashtra has lapsed. Devara, Coop Secy admitted that it may have to be reissued till it is passed. I have no infn that it has been reissued. I think aft er Gujarat HC verdict Maharashtra Govt will think twice before it does so. Attorney General has been issued notice. Until it is decided there is no amended law. The bubble has burst on the face of the govt.
Hi,
where can we get approved AUDITORS FOR Pune
Kindly read this wonderful judgement.
On Fri, Apr 26, 2013 at 12:15 PM, Consumer Resources wrote:
> ** > abhay sahasrabuddhe commented: “Hi, where can we get approved AUDITORS > FOR Pune”
Kindly let me know which Bye-Law is in force ,even if any society have not adopted the same.
Our society had adopted in formation 1979 bye-laws then,but further have not adopted any bye-laws.
1985 BYE LAWS.
If I am not mistaken as of today copy available with federation is of 2009.
that is I feel is latest
There are three bye laws – one of 1985, one of 2001 and one of 2009. Most societies have adopted 2001 bye laws. Some may have adopted of 2009 also. Microscopic minority of societies may be governed by the 1985 bye laws. Since nothing is compulsory, things go on merrity.
Normally Federation sells copies of 2001 bye laws also because it is more common.
SOS HELP HELP HELP 2000 crores rupees of fraud There are 1000 of buildin gs for redevelopment and if we multiply with 20000 rs average per sqft into 1 lac sqft so it comes to 2000 crores rupees of fraud for fungible FSI Fraud by Developer and architect –
http://www.consumeracts.in/?p=4181
Pls. Click on above link. Or copy and paste in your browser. To get all the details
Ramchandra Sonu Jadhav ·
Our bldg.in Mumbai consists 24 one BHK, 24 two BHK flats and 12 shops. The no. of inlets in 2 BHK flats are more than those in one BHK However, the inlets are not provided in 12 shops instead common water tap provided. Moreover, water from common tap is used for car washing by those who maintain the cars. All members do not have the cars. In view of all these difficulties water charges can not be distributed on the basis of no. of inlets as per bye- laws No. 69.Please advise how to implement the provisions of Bye-laws to charge on the basis of size and inlets provided in each flat as per Bye-laws No. 69(a).
Ramchandra Sonu Jadhav.
Ask your society to provide independent water taps to all members. It is not such a big deal and does not involve lacs of rupees.
For Pune Peoples
http://www.facebook.com/ConsultantForCoOperativeHousingSociety
It is all over. Gujarat High Court has given a resounding slap. Forget it. Parliament is too busy to think of Cooperatives. PM/s chair is in danger.
so whats the status of these new model by laws.I got to know on 24 the ordinance was again passed. is it mandatory to adopt and follow these by laws.What if society does not adopt the new model by laws. If it is mandaptry to have new by laws can one make some changes which are consistent with Act or these have to be adopted as it is.
If you don’t want to read Gujarat High Court judgement, what can one do. The Court has declared 97th Constitution Amendment null and void. So every action by all the State Govts by amending Act/Rules/Byelaws go down the drain.
no it is not like that, the decision of Guj H.C. is not applicable in M.H., and in said judgement the entire amenment is not quashed
how adoption of bye-laws can be mandatory when word MAY is there. all the societies are free to adopt their own bye-laws but with only one mandatory condition that these bye-laws should not be contrary to MCS Act of 1960 even one society want to change particular byelaw they can do this. But such change should not be contrary to law
There is no amendment Act or new bye laws after Gujarat High Court judgement. if they want to enact the law, central government has to go to the supreme court to get high court judgement overturned. It will take years.
What is the meaning of “close of order” issued by Deputy Registrar ?
I have appealed to the Deputy registrar against CHS not admitting as a member after my father gifted me a flat.The gift deed is registered and stamp duty is paid.The case is pending in the Registrar office for past 8 months. After giving close of order, either Registrar is not available or CHS lawyer is not present for past four hearings. My lawyer is not asking ex parte decision on the ground that Society needs to be heard. Otherwise, it will challenge the ex parte decision.
I need to know what is close of order ? If Respondent party is not present on date of close of order, why should they be given chance over and over ?
Can anyone throw any light ?
Thanks in advance.
The DR is talking nonsense. Why should the matter go to DR? What happened when you submitted the documents to society for transfer of flat in your name? How the matter reached the DR? Explain in in detail, in proper sequence. These dumb fools would normally say CLOSE OR ORDER which would normally mean no further action. Who is the other party that is objecting to the transfer?
Give full facts of the case and contact
ha21@rediffmail.com
He will guide you properly.
Hi,
Members of our society has resigned 6 months ago and now new members have taken the charge. We are new to this responsibility of running the society. We like to have maximum knowledge on functioning of society.
Which model bye laws to be adopted and where can we find English or Hindi version of model bye laws?
You may get the current Model Bye-Laws at this link https://consumerresources.in/2013/03/10/adopt-new-model-bye-law-before-30th-april/
You may have to call a Special General Meeting and adopt the new bye-laws and immediately appoint an auditor, as mentioned in the Circular.
Please browse through the Category – Co-operative Societies on our website to get more information. There are many other websites and places like Federation of Co-operative Societies and also Maharashtra Societies Welfare Association where you may get more information.
Wish you all the best !
Which bye laws are in force in your society at present. Was there fresh election?
I find this Model Bye Laws issue really silly.
The Govt. could have simply added one sentence in the ordnance:
” These Model Bye Laws are applicable to all societies from 1 May 2013..”
And allowed the societies to make necessary amendments.
This would have made the entire process simple and easy.
Dr Binoy Gupta
There is no law in force as of day. Read Gujarat High Court judgement. Why are we after ordinance, act and bye laws. It is all over board now till supreme court overturns the decision.
Since the same issue is pending before the Aurangabad Bench, their decision would clinch the issue, unless the Supreme Court stays the Gujarat decision.
It can’t clinch the issue if there is divergence of opinion. One bench says, YES. The other says NO. Ultimately, the Central Govt will have to file an appeal before Supreme Court to get final verdict.. Till then no operation of law. It can’t be that Maharashtra will abide by Aurangabad Bench judgement which may be diametrically opposed to what Gujarat HC says. This will every HC will interpret the law differently and there will be no finality.
If there are different judgements of different High Courts, including Aurangabad Bench, the decision of the jurisdictional High Court, or Aurangabad Bench will prevail in Maharashtra.
Binoy Gupta
Gujarat High Court judgement was delivered by a two judge bench. I donot know whether the matter before the Aurangabad HC bench is before a BENCH OR before single Judge. If it is before a single judge, I donot think there is a possibility that Gujarat HC decision would be overruled. But, you never know. Every High Court is independent in its jurisdiction. The Centre will have to approach the Supreme Court for a final verdict as there may be more conflicting judgements coming from other high courts.
A single member bench can not over rule a decision of a two member bench of another High Court. He is bound to follow it.
The other option is to refer the matter to a larger bench.
Binoy Gupta
A single judge bench can not over rule or dissent from the decision of a two judge bench even from another High Court.
He should refer it to a larger bench.
There is an old decision of the Supreme Court about judicial propriety.
In that case, the Calcutta High Court did not accept a Supreme Court decision…..
Binoy Gupt
Calcutta HC did not accept SC decision? Very surprising.
Yes……the Calcutta High Court said the Supreme Court decision was not correct.
In SLP, the Supreme Court discussed judicial propriety and said what the Supreme Court says is the law of the land and all courts have to follow it……they left it at that.
Binoy Gupta
Anything is possible in this country.
There are a large number of decisions of the Supreme Court on judicial propriety on the net.
There are also a larger number of decisions of various High Courts on the same issue.
They make Interesting reading.
Because no action can be taken against the Judges of the Supreme Court and High Courts for violating judicial discipline.
Binoy Gupta
whole confusion, whats thedecision in thend. Do we adopt the bylaws or live with existing. Some of the people who are assured of reserved seat are keen to get thi done
I think every thing now depends on the decision of the Aurangabad Bench,
Or of the Supreme Court, if any one has filed appeal against the decision of the Gujarat High Court.
For the time being, we should wait and watch….
Binoy Gupta
The MCS Act has not been passed by Maharashtra Legislature. Coop Secy said since the ordinance has lapsed it may have to be reissued.
Unless Aurangabad Bench disagrees with Gujarat HC judgement, there is no 97th constitution amendment. Everything is overboard. No amendment act, no amendment rules, no amendment bye laws. In fact the annexures and appendices which form part of bye laws have not even be redrafted and donot form part of bye laws.
Who said govt functions?
Hello Anil ji…I would like to speak with you urgently please kindly call me on my cell num +919833834844 or my landline 02226822186…
The Aurangabad Bench has already disposed off the Writ Petition No. 2629 of 2013 By its Order dt. 10 May 2013
SLP has been filed in Supreme Court.
Binoy Gupta
Pl call me on 9819073520
Anil
The following is the link to the decision:
http://bombayhighcourt.nic.in/generatenew.php?path=./data/aurjudgements/2013/&fname=CWP890913.pdf&smflag=N
Binoy Gupta
Thanks. But the judgement nowhere uphold the Ordinance. It only refer to the submission of Mah Govt before the court that such and such an ordinance has been promulgated. Court has not commented upon the validity or otherwise of the Ordinance. There is nothing in derogation of the Gujarat HC order.
Anil
The Bench has noted promulgumation of the Ordnance.
But it has not made any observation that the ordinance is utra vires the constitution.
You can interpret it any way you like.
We have to wait the final decision from the Supreme Court.
Binoy Gupta
Mah Govt wanted to bulldoze the extension granted by it to a particular society by takding resource to the Ordinance. Bench has not even spoken a word about Ordinance and Mah Govt’s power to grant extension. The question of interpretation does not arise. It is plain and simple that the Bench has not spoken about vires of the Ordinance. The question of its vires was not before the Bench. Therefore, obviously it could not have said anything.
Anila…you can certainly have your views and opinion.
We will soon have the decision of the Supreme Court …
So just wait for some more time..
Binoy Gupta
Does the Central Govt guts to go to the supreme court to challenger the decision of Gujarat HC. The decision is based on sound constitutional point. Cooperatives being in State List, the Central Govt cannot amend the Constitution without the amendment being ratified by 1/2 of the States. No wonder UPA-II continues to flounder. Its law officers are making a mockery of legal knowledge. See what happened in Coalgate. Attorney General, Addl. Solicitor General, Law Minister have become the laughing stock of the nation. Didn’t they know that Central Govt can’t legislate without State’s concurrence or was the Govt misuided by jealous law officers?
I wish people like you and me could forecast judicial decisions.
What stand the govt. of india will take is any body’s guess…
Time alone will tell.
Presuming that the constitutional amendment Is ultra vires, what prevents
States like Maharashtra from passing amendments on their own and adopting the same in the form of their state law?
Binoy Gupta
Nothing prevents Mah Govt from passing any law. They can renounced the words 97th Amendment and do what they like. Otherwise also, they care too hoots for our welfare. See the carnage of local body tax. Do they listen to us? Democracy is the dictatorship of the majority.
I will tell you how the govt is manipulated. In 1985 bye laws, there was a provision that no member can buy another flat in the same society either in his name or in the name of any member of his family and if he wanted it, he had justify it and the general body had to approve it or he should Registrar’s permission. In 1901 bye laws, this provision was removed? Why? There is acute shortage of housing in the country, particularly in metros like Mumbai. Yet this monopoly was created for rich and wealthy and on the pressure of the builders lobby. Between 1985, there was acute shortage of houses. In 1901, suddenly, Maharashtra became surplus in houses? Suppose there are 16 members in a society and the rich and wealthy family starts buying flats one by one in the name of every member of his family. In course of time, the whole society (building) be owned by him. This is our country and they are our rulers. I wrote to CM about this anomaly and patently unwise change. What do you think he did? The only thing at his command was NOT TO REPLY TO MY LETTER.
In practice, as you have pointed out, Laws are made on various considerations.
Varous lobbies, like the builders lobbies, corrupt politicians, not to be left behind in the game bureacrats, all add whatever they can. Public interest at best is only a pretext.
But so far the Chief Minister is concerned, I dont think he is in charge of the co-op dept, must be having a terrible time keeping his herd together.
How do you expect a reply from him.
No minister wants to give any thing in writing.
You will only get a simple acknowledgement…..and after that nothing.
In spite of all this, our judicial system is working. We should be thnankful for that.
By nature I am very very optimistic………
Binoy Gupta
If you send a letter to the President of India, he even does not know about it and does not reply. He has an army of staff who will send it to the concerned Ministry and that Ministry will keep mum for years.
I never expected CM to reply. What happens is that he receives thousands of such complaints/;letters and his secretaries keep on forwarding them to the concerned departments. The problem is that these departments care too hoots for our complaints.
CM is busy keeping his flock together. Where is the time for him to look into the grievances of MKANGO PEOPLE.
Then why address letters to the President, Governor, Chief Minister, etc.
I have seen some flat owners marking copies of their complaints to every one including these persons.
But there are a few Heads of Offices, who maintain a complaint book, and go through it regularly to see whether any thing has been done.
For instance address a letter to the Chaiman, State Bank of India.
The concerned manager will himself contact you in a day or two and sort out the problem.
The grievance redressal machinery is doing a wonderful job.
Binoy Gupta
That is the problem with us. We think by writing to President, Governor and CM, heavens will fall. Heads of Offices and Chairmen of Banks etc. are different propositions. You must have read and seen that even letters written by MPs to PM get no reply. Examples of 2G, CG, Coatgate scaps are there. PM was sleeping.
In my view, the Aurangabad bench has, by implication, approved the Constitutional amendment.
The news item indicates that an SLP has been filed…..
I do not have any idea about the issues.
We wil have more details in a few days.
Binoy Gupta
There is no question of BY IMPLICATION. Has it upheld the Constitution 97th Amendment? Please quote the date and judgement. Was it a Bench decision? If it was single judge decision, it cannot overrule the Gujarat HC decision which was a 2-Judge Bench decision. I have not read that Aurangabad HC has upheld the amendment. Please enlighten.
http://bombayhighcourt.nic.in/generatenew.php?path=./data/aurjudgements/2013/&fname=CWP890913.pdf&smflag=N
The above is the link to the decision.
Binoy Gupta
Any person/ s disobeying The Hon , Gujrat High Court Latest Judgement on 97th Constitunal Amendment will face Contempt Charges since The Hon, Gujrat High Court has after going through all aspects of legal angles have passed the Best Judgement ever passed , therefore instead of just passing coments we have to wait for The Supreme Courts Verdict ,as in rare cases such judgements are challanged.
There is no question of anybody disobeying Gujarat HC judgement. The one who does so would be doing so at his peril.
UPA-II’s prestige is at stake. It must be in contact with law officers, law minister and attorney general as to how to get over this judgement. The only course is to appeal to the Supreme Court. Let us see what happens. Maha Govt was tom tomming the 97th amendment. Now it has gone into hibernation.
Yes……we have to wait for Supreme Court’s decision…..till then there is no question of contempt……unless there is direct violation of the Gujarat High Court order in Gujarat.
As i learn from press reports no other court has passed similar order.
The SLP against the Aurangabad decision was fixed for hearing on the 28 May.
What happened I do no know.
Binoy Gupta
I have no idea of decisions of other courts. Central Govt is in hibernation. It has hardly time to think of moving appeal in Supreme Court. It is a small thing for them. It will take years before they wake up.
On Thu, May 30, 2013 at 11:02 PM, Consumer Resources wrote:
> ** > eleena100 commented: “Yes……we have to wait for Supreme Court’s > decision…..till then there is no question of contempt……unless there > is direct violation of the Gujarat High Court order in Gujarat. As i learn > from press reports no other court has passed similar order” >
Why should the Central Govt. be bothered? And why should we wait for the Central Govt. to act?
There is already at least one related case in the Supreme Court. There is one in Allahabad.
Some one will definitely move the Supreme Court.
Otherwise, some activists will move PIL before the Supreme Court.
Binoy Gupta
97th Amendment was moved by the UPA-II in Parliament and got passed. It is for the Govt now to move the supreme court if it feels that Guijarat HC JUDGEMENT should be overturned. Public will go to SC ONLY when they feel that the judgement is against them. Why should they file PIL? Does the amendment help them?
Our society (registered under Flat Owner’ (Purchased Type) Co-Op. Housing Society) comprises of 7 floors with open terraces of about 950 sft each attached to two flats on the 7th floor which are known as “Pent-houses”. Other floors have 4 flats each. Occupant of 6th floor below the open terrace of one of the penthouses of 7th floor has been facing rainwater seepage from their roof for the last two years. This was brought to the notice of society and the member on 7th floor, both have denied to address the problem by interpreting byelaw 160 (a)(x) saying that said repairs to open terrace of 7th floor member need to be attended by the Society at its cost, while the General Body termed the said “open terrace” as a private property of 7th floor member for which Soc. shall not spend any money. The byelaws also say that “terrace” means the one which is under the absolute control of the Society and not any member. While Soc. and General Body insisted that it is the private property which need to be attended to by the concerned member, he had produced a copy of High Court order in respect of Writ Petition No.7231 of 2002) in respect of a similar problem in a registered Tenant Co-Partnership Housing Society. We, now, seek your advice with respect to:
a. can The High Court order referred to above, pertinent to a registered Tenant Co-Partnership Housing Society, be made applicable to a registered Flat Owners Co-Op.Hsg.Soc. like us?
b. the definition of “terrace” – should it be defined as only “common terraces” where all members have free access or even the “private terrace” as in the case above, where expecting the flat owner none of the members of Society have right of access to use the terrace?
It appears that the terrace is in exclusive possession of the member who alone uses it and Society has no access to it. Please ask the society to give it in writing that the member is the owner of the terrace and society has nothing to do with it. Simply write a letter to the BMC of your Ward saying that there is leakage and the flat is getting damaged but the society is not taking any action. If the BMC does not take any action for 15 days, write an RTI appln to it. Even if there is no action, simply go to Consumer Court. All will be brought to their senses. There are many dumb members. Do worry about them. Give me the names of the parties in the Writ Petition.
Is your Society regd?
Our society is registered in the District of Thane and regular in its filing all statuory documents with the registrar. The present bye-laws the Society are as amended in 2011. Bye-laws subseqeunt to the 97th Amendment are yet to be adopted.
As already mentioned the said disupte is more than 2 years old. Since the previous committee as well as the concerned Dy. Registrar could not resolve the problem, member on the 6th floor approached the concerned court. Now the member on the 7th floor is not allowing the committee to enter into his flat for doing any repairs on his terrace, as the case is sub judice. Myself being part of new committee would like to ensure that the member on 6th floor does not suffer this monsoon. Under the circumstances, what action can the present committee take?
Petitioner is Humble Home Co.Op. Hsg. Soc Ltd. and Respondent: Shri Sham Balani and Petn. Adv. Shri V.M. Bhardwaj,
There is no bye law of 2011.
Sub judice means condemned for life. You can’t do a thing. Who filed the court case, where, when, against whom?
You have written, member on the 6th floor approached the court…and the matter is sub judice…..can you let us know…which court?
Binoy Gupta
eleena100@hotmail.com
Read these bye laws. Is the terrace in the exclusive of the 7th floor owner and nobody has access to it or can use it?
3. Unless otherwise separately provided in these bye-laws, the following words and terms shall have the meaning assigned to them herein
‘Open terraces’ means terraces which are otherwise not in the exclusive possession of any of the members;
160. The following repairs and maintenance of the property of the society shall be carried out by the society at its costs:
(i) Terrace and parapet walls
There is no such thing as “Private Terrace” in a CHS. IF at all anything has to be said about a private terrace, it can at the most be termed as “extended balcony” (free of FSI). Leaakge repair from a privately held space is to be repaired exclusively by the private holder and nobody else.
The problem can be redressed by makiing written complaint to BMC, stating that the building structure is under danger due to leakages into the beam-column structure. Compel the BMC to issue notice to the society and to the defaulter member.
The problem can ALTERNATELY be redressed by filing Consumer Court complaint by making the Society as a party, since it is the mandatory duty of the Society Secretary to enter the members flat, after due notice, and make inspection, and give written directions to the said leakage-producer flat.
No body will touch the dispute since it is what you call SUB JUDICE.
I suppose the aggrieved person is an advocate………in which forum is the dispute pending, what is the stage of the case or complaint. Is he ready to file a complaint with the Consumer Forum if necessary.
Binoy Gupta
I came across the following news item just now. I am also giving the link…….
State co-operative federation chairman G T Devegowda said 97 th constitution amendment being brought by union government to make laws uniform for co-operative sector will augur well with sector and state government has agreed to incorporate suggestions made by the federation . Karnataka will approve the amendment in the forthcoming session of the assembly.
http://timesofindia.indiatimes.com/topic/97th-constitutional-amendment/news/
Binoy Gupta
They are blabbering.
where i can find marathi version of new model bye laws
sir, which is the last date to call agm. 14AUG OR 30SEPT?let me know fast
If you have already adopted the new bye-laws, it is 30 September, else it is 14 August. However, the Dy. Registrar may take a lenient view this year, owing to all the confusion prevailing.
Dear Sir, Our society is in Malad mumbai, we habe been following the Old bye laws 2001 and accordingly the AGM was called before 14th Aug. Also elections were held in the 1st week of august 2013 now the existing committe says that some ordinance has been passed by governer and the elections held were not legal , morover they say now the elections will be reheld by registrar and till such time the existing managing comm shall be care taker comm and nely elected members will not be delegated the powers of managing committee.
Kindly suggest us what is correct and what should be our way forward.
Pranay
They are right. Under the new rules, elections can only be held under supervision of the designated authority. Kindly look up the ordinance and circulars available on this site, under Category – Co-operative Housing Societies.
Ours is an Association of 10 Regtd Scty’s and have framed a separate Bye-laws with the help of our consultants, since the Registrar’s off had no idea about Regn of Asso or Federation and informd us that they have not come up with such case.
Hwevr, our Asso was formed Nov 12 and v called for the AGM on 13th (last day being 14th Aug as per our Asso Bye-laws). But due to one Scty’s rep members continued harassment since the formation of Asso, on 13th Aug before even all member scty’s cud come, the memb gave a letter as always written in Marathi running into8 to 10 pages, cc marked to almost everyone fm Rgstr to High Court (though he must not have send it actually), which in fact was like threatening to other 9 scty’s who hv formed the scty to maintain the complex and its surrounding which has been effected terribly due to this member.
The main point is after this letter all were just angry and ready to resign en masse bcoz in such circumstances no one can work, what with all the men busy in the personal life wh is more imp than the Asso…. so the AGM could not be held.
What is the way forward now. also to be noted here is Sctry and Chrman hv already put in their papers saying they dont have to deal with such letters and go to Rgstr agn and agn or even work for the Asso even as MC member. Pls gv ur opinion.
The points to be identified are as follows:
1) Is there any specific bye laws of a federation enunciated by the MCS ACt or the MSC Rules?
2) The 10 registered societies are registered under the MCS Act as housing societies or industrial premises or such. This is perfectly ok and will not have any impact on the bye-laws of the Association.
3) The Association deals with the societies who are members of the association – mainly giving them guidance or guiding them to solve their problems amicably.
4) However, there is also a statutory formation of APEX Society, the Federation at Fort being one for all societies in Mumbai Region. This Federation has its own role and the Association of 10 societies cannot replace the Federation.
5) There is a provision of registration of your type of ASSOCIATION under the MCS Act and Rules and your association can be registered under the MCS ACT.
6) Regarding the harassment its all about the management and operation of the Association and require the articulated skills to run the show!!!!
My response;
1. For forming an legal entity to care for the comple of more than 5 registered societies, formation of Asso or Fedratn is necessary esp for taking conveyance wh is the ultimate objective for forming an Asso.
2.Since I am talking of CHS it is hsg scty’s.
3.No guidance or guiding is reqd all scty maintain their own scty efficiently. It is the common areas and common garden wh needs Asso formatn.
4.Nothing to do with APEX Scty I think.
5. Yes, we have also got our Asso registered with Registrar and are a legal entity under MCS Act.
6. Articulated skills reqd no doubt, but when a person talks about rules and laws which common comm members who come from diff profession and not an expert in the same find it an obstacle and hindrance from caring the complex wh is a thnkless job.
Now that Amendment has been passed in both house of parl and as per the newspaper like Loksatta and Hindustan Times, all r reqd to pass the New Amendment… does it apply to even the Asso of 10 Regd societies who have their separate Bye-laws wh is diff from model By-laws.
Mr.Yazdi has been replying to everyone’s queries within a day. Requestg Mr.Yazdi to comment on my query.
I will try and get someone knowledgeable in these matters to respond. Sorry for the delay
My question was on Coop matters. Its almost two months now. No response to my query.
What does your knowledge of coop matters say…?????
awaiting your reply/response anxiously
I am a bit surprised about the societies running to adopt new bye-laws. The MCS ACT 1960 can be implemented only thru the Rules framed under it. Has the Government come out with amended MCS Rules 2013 post Feb 2013 Ordinance? Can a housing society adopt byelaws without the rules being in place?
my brother a associate member gave me his share by gift deed stamp duty paid and registered.the society is asking the NOC from first member. is it necessary.if first owner do not give NOC then what are the option for me.we all are real brothers.
Yazdi sahib i m waiting for ur reply..i also add that my brother is also a joint owner and have his name in sale agreement and in the payment receipts done to the builder.
pls reply.
In my opinion, the first member’s signature is necessary. You may have to consult a knowledgeable advocate to consider your options
thanks……what do you think if i file a complaint to deputy registrar .because the gift deed is stamp duty paid and registered by the sub registrar. Possession of the flat is with me and
first member is not living with me since last 15 years.and i am paying all the dues of the society…Thanks again.
Please make informal enquiries orally, and understand the response, before you actually proceed. Also, as suggested earlier, please consult a knowledgeable advocate in the matter.
What could be the possible reason for the first owner not giving a NOC.
Any document, even a forged one, can be registered on payment of Registration fees and appropiate stamp fees.
Binoy Gupta
Thanks a lot sir,for you guidance .
Mr,Binoy sir, actually the story is very long.flat is purchased by me in the name of my two younger brothers.all the payment is done by me through them the both were in collage which is mention also on the sale agreement .i was working abroad that time i purchased on trust and faith on them . Now one bro made gift deed.another is refusing.
thanks .
Dear Umesh
Your matter is a little complex.
I dont think this is a cooperative matter or consumer issue.
Why dont you take all your papers and consult an expert.
Binoy Gupta
eleena100@hotmail.com
Dear,Binoy sir, first i will talk to him bcos he is just angry .I paid for his education and I did all his marriage expenses….Etc list is so long…..But his wife is filling his ears…I think if i go he will sign…My all other bros ans sisters total 8 are with me..I m not in hurry ..
let us wait and watch…Flat possession,, original agreement ,,Payment receipts done to builder,,Gift deed Document.are with me,,and Telephone connection,,Gas Connections are in my name .society is saying you do not worry society is with you.
thank to take interest in my case. .
Dear Umesh
After all, you are dealing with your brother.
I understand you have done a lot for him.
Take it as a part of you duty.
I am sure after you meet him, things will be all right.
Binoy Gupta
Respected Sir,
i am residing in CHS at kandivli in Mumbai.Our society had passed resolution that terrace can be available only from 7 to 9 in morning from last 3 years, is their any rule as we are staying on top 4 th floor.what is the remedy to make use by member whenever like to visit terrace.they make it lock as the time lapses.
I am afraid that as a member of the Society you are bound to follow the rules and regulations as well as the decisions of the managing committee.
The use of terrace is accompanied by certain risks such as children jumping or falling off.
All you can do is try to pursuade the MC.
Binoy Gupta
Non-active member – a member who has never attended a meeting i last 7 years but paid all dues time to time. I think he is termed as a NON-ACTIVE member.
Now he wants NOC for his flat and the purchaser of the said flat has own flat in the same society. The purchaser is giving the application for NOC on the behalf of non-active member / seller.
Q) So, what should be our stand as a chairman of the working committee of the society?
I insist that the seller should come and give the application on his own.
Q) Is this demand correct?
Also he needs to pay some penalty.
Q) How much penalty should be levied on him to get NOC?
On the one side the very Constitutional Amendment has been referred to a select committee and nobody is able to say about the finality of that. On the other, the model bye laws put out in the web site of the Commissioner for Co-operation does not contain the schedules and appendices. When one person wrote to the Registrar, he got a reply saying it is under preparation. The dy.registrars are heckling the societies to comply with the amended provisions, when the amendment itself is not yet final. The Commissioner’s office does not bother to reply to queries from members. I do not where it is all going to lead to.
On one hand Gujatar High Court Bench had stayed the amendment. On the other the Registrars in Mahaashtra are sending stereotype notice to all co-operative Housing Societies. To sum up common members of co-operative housing societies are harassed.
A flat sold in 2006 by A. New member B get possession. Agm pass the resolution. But till today B not submitted sales deal . Shares till on name of A. But in society election B hasvoted. NNow can B hold flat? Does voting of is punishable
what is the base for agm to pass resolution – that needs to be understood first before embarking upon the status of B
We had a query regarding an ongoing re-audit which is currently on for the duration 2007-08 to 2011-12.
Our society in ghatkopar-w, was formed almost 50 years ago by around 230 members or thereabout.
Subsequently, only 7 buildings were built housing only 180 flats, with 5 buildings build around 1970 and the remaining 2 building completed around 1984 and 1995 or there about.
The present MC, run by the current Secretary has been in charge of the affairs of the society for more than 25 years now.
We had obtained DDR permission to get the society re-audit done in May 2013 and accordingly based on the initial estimate of 180 flats, we paid the required fees @ Rs 36 per year X 5 years X 180 flats in Sep and the re-audit commenced in Nov 2013.
We have now received a letter from the re-auditor to pay a difference of fees as the current members of the society stands at 232 despite the no. of flats still remains 180. Also, the regular monthly financial contributions to the society is only borne by 180 member.
It appears, that the society had some plots which are now illegally occupied and only the title of the plot remains in the name of the society since 1970.
Will need to know if the re-auditor is right in demanding additional reaudit fees for additional 52 members, when the society only has 180 flats with monthly contributions from 180 members only.
Will need to know Registrar has power to cancel the 52 extra/fake members ?
Thanks in advance for your time.
MAHENDRA B. BHANUSHALI
EMAIL: mahendivya@yahoo.com
If society has not yet adopted model bye laws, can the item be taken up in forthcoming AGM in August or do they become applicable by default and need no approval of GB now?
Dear Sir,
Our is a CHS in Mahim, Mumbai. We have been following the Old bye laws 2001 duly passed in the AGM and then sent to RCS for adoption. Since then bye-laws have been amended on several occasions. I suppose in 2004, 2009 and now 2013. As per 2001 bye-laws, AGM is required to be held before August 14, 2014. I understand that the AGM in our Society is scheduled to be held on September 28, 2014 as per provisions of latest bye-laws 2013. However, these have not as yet been adopted. Will the RCS object to this ? This brings to the fore my pertinent question, Why is it necessary, in the first place, to adopt the bye-laws as and when they undergo amendment ? This exercise of adoption according to me is a waste of time and energy for the society and as well as the RCS. This involves sending the same bye-laws to the RCS and getting them stamped and then using that copy as the official Bye-laws. I think when there is talk of simplification of Procedures in all areas of Law, why this colonial system of law can’t be done away with?. It is clear that as and when Bye-laws undergo amendment and are printed in the official Gazette, it becomes a Law and should become applicable from there and then. Societies cannot take advantage of ‘Ignorance of Law’ which of course is no excuse.
Kiran N Bapat
Will someone answer queries raised on July 28, 2014 by me and August 13, 2014 by Mr. Kiran Bapat? If there is no clarity about compulsion to adopt the model bye laws, is it possible to carry out few amendments which in the opinion of the Society are necessary?
Is there any provision in M.C.S. Acts/Rules/Bye laws for any authority to the M.Committee or provision to get resolved/approved in the A.G.M. (2012-2013): to charge lump-sum amount of Thousands of Rupees as processing charge for giving approval despite obliging all the required legality including promptly submission of advance written intention to give on Leave License, photocopies of registered L.L. Agreement and police verification and paying also 10% Non occupancy fee and also payment for nominal membership form and charges?
Dear Sir
I have three issues.
97th amendment of model law say that non formation of grievance committee to be reproted to Registrar. But nowhere oin the bye law what is the composition of grievance committee, who can be members etc not informed what we can do now?
Whether the builder after taking money can allot parking to a second purchaswer of the flat when the first purchaser did not buy or opt for it?
Srinivasan
our society has adopted New Model Bye-Laws in August 2013 AGM. Our society has strength of 74 flats. Based old bye laws, Our MC has 7 members. When any member of MC resigns his place is filled by MC by co option basis, of their own choice.
Now, based on new bye laws, MC should have 11 members. how the balance 4 members are to be selected? Is it by co option basis OR MC should go for fresh elections ? Problem is, if co option is option then MC will select their own persons. THere won’t fair chance to others.
Could you please give your advice.
Second problem is our society has 74 flats. ( 40 – 2BHK flats & 34 – 1 BHK flats )
MC has 4-2BHK members & 3-!BHK members. When ever there any issue arises always it goes in 2-BHK flat owners favour. Hence 1-BHK flat owners have no say in anything. BECAUSE majority in MC and AGM is 2-BHK flat owners.
How to over come this problem.
Please advice.
Kindly give your advice on my Email.
souza_julian@yahoo.com
Dear Sir,
Our Society in western Suburb has been following Old Bye-laws 2001.It has not adopted New Model Bye-laws 2013 till date.
i) What was the last date for adoptiion?What is penalty for non adoption of MBlaws within prescribed time limit? Whether the concerned officials of committe are liable for such lapse?
ii)What is the legality of the Resolutions passed/decisions taken by the committe after last date for adoption?
Thanks & Regards
VijayKD
Vijay Kamlkant D December 19, 2014
Dear Sir,
The Chairman of Our Society has recently shifted his residence to a flat in neighbouring station allotted by his Govt.Employer to suit his convenience.
Whether he can still preside over the proposed forthcoming Special General Body Meeting of the society as Chairman to be held shortly?what is the legality of the decisions/resolutions passed in the meeting?
Thanks & Regards
VijayKD
I m not an expert but can say this bcoz m active member in comm.
As long as your chairman holds the flat in his name as owner till the Sp. GM he can hold on to the post since his rights as the ownership still exist. And decision taken n passed resolution will b binding.
Only if he sold his flat n transferred his right to new purchaser n all the obligation has been duly settled then he cannot chair the SGM.
MR. YAZDI or MR NAIK will clarify further.
Vijay Kamlkant D December 19, 2014
Dear Sir,
The Chairman of Our Society has recently shifted his residence to a flat in neighbouring station allotted by his Govt.Employer to suit his convenience.
Whether he can still preside over the proposed forthcoming Special General Body Meeting of the society as Chairman to be held shortly?
Thanks & Regards
VijayKD
Replied abv.
In my society, some flats are joint flats having one entrance and kitchen, but the aggreements are separate for eatch flat, like one in the name of husband and another in the name of wife and/or one in the name of elder bros and another in the name of younger bros and/or one in the name of mother and another in the name of son. BMC has assessed as one flat. Now I want to know whether it should be treated as one flat or two separate two flats.Is there any order by court to consider as one or two?
What does the sanctioned plan show?
One flat or two flats.
There is one membership of the Society or two?
Prima facie, two separate agreements for sale indicate two separate flats. Each flat can be sold or transferred separately.
Arvind Patel,
In my society, one member, who is committee member, has kept some society’s file in his possession and is not giving back to the society. in this matter,what should we do? Pl. guide me.
Mr. Patel,
You said Comm member with holding a file… What reason?? Why?? How come the files r with comm mbr .. It shd b with Sctry of the scty.
Anyways, if u r clean n clear in ur intention .. Then write a letter to the c.mbr with copy to other off bearers of scty … Via Sctry.. If possible.
Next take it up in ur managing committee meeting n implement decision taken.
Still no response then write/complaint to Registrar of ur ward with copy to all.
This will produce response.
No one wants to go to such extent n will immdly respond. It is just some ego problem wh need to b settled by elderly member intermediating n solving.
Thk u.. Again not an expert on Coop matters but aware of rules n bye laws.
My Society Chairman has resigned due to some personal reason recently. He is still a member of our society. AGM was held last Feb 2015.
Can General secretary / treasurer accept his resignation and appoint another active member from our society as our chairman.
What society By- laws says on this??
Please suggest.
Mr Bijoy,
In the Managing Comm/General body meeting the resignation of Chairman shd be taken up, discussed n resolution as to its acceptance or rejection shd be minuted.
Handing over all files n docs n books, if any, to the scty should b also minuted n the Chairman to b informed if absent during this meeting.
Then a new active memb cud take up the post with consensus of all members n of course this too will b minuted.
Again not an expert but have knowledge abt it.
Mayur nagari B Building Co-op Hsg Society Ltd, Pimple Gurav, Pune
(1)
As per new bye-laws, if the AGM is not held before Aug then written permission from Sub-Registrar is required. In case of its failure, there seems to be no provision for its extension. But the sub-registrar should himself issue an order or society needs to go by provision under 75(5).
But the 75(5) is not very clear. So, does it imply that we can’t hold AGM without permission? 75(5) says if we have proper reasons then society can conduct AGM and provide reports along with reasons to the sub-registrar and can approve the audit report in the meeting. Our last year’s AGM is still pending.
Can some one clarify this????????????????????????
(2)
Also one of the member of our society is insisting on removing 4 wheelers from the common space which is currently used for parking. Also if we see aound 7-8 (7*24 = 168 flats) buildings of the Mayur Nagari Phase 1 are doing the same. In that situation the member is writing letters to sub-registrar, and sending letters to all individual members and issuing lawyer notice which can be termed as harrasing the members of the society. So, i think as per bye-laws coomon space should be not used for parking. But i think can be amended and the society has all powers to temporary use the space with/without any monetary gain to the society for only the benefit of the society without causing any harm to any member of the society. This is the current situation in almost all the old societies wherein sufficient parking slots has not been provided by the builder. So, why should the members suffer for that? ??????
Some clear decision should be provided by sub-registrar keeping in mind & safeguarding the image/interest of the members of the society. because the member i mentioned above is about to approach the court in this regard.
Dear Vishwa,
Point 1… Reg AGM, your scty and all societies in general are aware now that that AGM’s of all coop housing societies have to be neceassarily to be held before 30th September… and there is no extension possible. Under the Amended bye-laws, in case of default it shall attract disqualification and action as provided under sec 75(5) of the Act.
Yet, since there may be many scty’s like yours who have still not woken up to this amended laws, can meet the Registrar of your ward and then take it from there and do needful.
Point No.2…. It is binding on every member that the decisions of the General Body is adhered to. Any action taken like the way you said about “” one of the member insisting on removing four wheelers from the common spaces currently used for parking”” must be with the approval of the committee or General Body.
The Bye law no.78 says that “”Society will frame and adopt parking rules to regulate the parking spaces in the General Body Meeting in accordance with the Act and rules thereunder.””
Sec 78 to 85 of amended bye-laws deals with parking rules in detail.
These Model bye-laws can be viewed from Consumer Resources above itself.
Disclaimer : Not an expert but aware of the bye-laws.
Hope the above is in order.
Rgds.
AGM has passed a Resolution in favour of one of the Managing Committee Member to allocate one Stilt for conducting business activity of purchase and sale of Bikes,on payment of certain amount of Parking charges and deposit amount. Please advise whether this is in order.
Dear Jadhav,
Sec 78. To 85 deals with parking issues.
The abv reply to Mr. Vishwa to be also taken note of. Since General body or Mngg comm decisions r binding bcoz it is implemented after consensus of all members.
In ur case.. May b some money coming by way of rent will b helpful to check the maintenance cost for the scty. But gvg outsider’s any space is calling for trouble in long run. Hence due care shd b taken while framing strict conditions so that scty can impose restrictions n always has a way to take it back.
Disclaimer: Not an expert but know the rules.
Rgds
In our society, totally ground floor is having 7 commercial shops approved by BMC and property tax is being charged accordingly by BMC as commercial, but agreement between builder and purchasers are as room/ flat since 22/23 years. Society is issuing maintenance bill as commercial to all shop owner accordingly. Out of 7 shops, one shop owner having his shop no. 4 had sold his shop to one of our society member before 7/8 years and society had transfer that shop in the name of purchaser and maintenance bill were being issued as shop. Now society has started to issue maintenance bill as residence instead of shop passing the resolution in Managing Committee Meeting without informing to the shop owner from last May/June 2014. That shop owner excepted first bill and paid it without any knowledge. After that they came to know that bill is being issued as room instead of shop, so they stop to except the bill and stop paying.They contacted to the secretary, and he assured to do needful. Mean while, they wrote a letter to the secretary to change the bill as shop and took acknowledge-ment from the secretary. Till now, nothing has been done. Now Secretary is not taking any responsibility and he fingered to the treasurer that he is opposing to issue bill as shop. BMC is charging for separate one room and to all shops and residence property tax accordingly, than how can committee member say that separate one room is belongs to that shop owner instead of shop without any proof. Now committee member say to shop owner to prove whether he is having shop or room. Now my question is that can managing committee change purpose of use or name of owner such a way? and how can they say to prove as committee member had changed it? In future, it can happen to any member. What action should take. Pl. guide me.
I don’t have received reply for post dtd. 21st February, 2015. Pl. reply me.
hello i need your guidance can associate member can be chairman/secretary
as i went through New bye laws i got the following stuff
In case of an associate member, non-submission of the
no-objection certificate and undertaking, as prescribed
under these bye-laws, by the member.
(vi)
(vii)
(viii)
(v) he is not an Active member
he does not reside in the society or he has
Restrictions on Rights of Associate and Nominal
Members
25. No Associate member shall have any rights or
privileges of an Active member except as provided
under Section 27(2) of the Act.
i.e. where a share of a society is held jointly by more
than one person the person whose name stands first in
the share certificate, if present, shall have the right to
vote. But in his absence the person whose name
stands second, and in the absence of both, the person
whose name stands next, and likewise, in the absence
of the preceding persons the person whose name is
next on the share certificate, who is present and who is
not a minor, shall have the right to vote.
No right of
membership
to an associate
member except
that under Section
27 (2) of the Act.
26. A nominal member shall have no rights such as
member.
No rights of
membership
Hello sir
I have a query , I am the owner of a flat and only my name is in the agreement, I being out iof India for at least 6 months a year so want my father to exercise my rights of voting and also of becoming an office bearer.
Firstly is that possible by giving any form of NOC or any affidavit ??
And if yes what is the procedure for it
Thanking you in anticipation
Hi,
If the old secretary resigns, can a ‘coopted” member be selected by the Committee as new Secretary?
also, one more if you may pls, whenever a new Secretary is appointed by the MC, what is the process for appointment, communication to the ALL members. Is the appointment, of the new Secretary, required to be ratified by the general body?
Is it mandatory to adopt the latest model bye laws? Can any society continue with the same old model bye law without adopting the new bye law.
According old bye law the managing committee members required were 5 for society having up to 50 members and as per new by laws it is flat 11 for members up to 100.
What shall be strength of managing committee for society having 16 members.
It is most unfortunate that the law requires the Model Bye Laws to be specifically adopted. It follows that the old Bye Laws will continue to apply till the Model Bye Laws are adopted. The Govt could have made the Model Bye Laws applicable to all societies from a specified date.
Can mc charge penalty on same subject once agaon where penalty was charged by DDR before 4 months